Mediartis Terms and Conditions

 

These Terms and Conditions define the conditions of use of the Mediartis platform accessible from the Mediartis website (hereinafter the "Platform") published by the company MOBILIS PRO, SAS registered at the Nanterre RCS under the n° 803 940 642, dont le siège social se situe au 121, rue d’Aguesseau, 92100 Boulogne Billancourt.

 

Introduction

 

Mobilis Pro operates a Platform called Mediartis, accessible from the mediartis.com website, allowing companies to upload and store their contact database and voice sample database securely on their private cloud, to respect GDPR (General Data Protection Regulation) processing compliance of personal data in their databases, to organise castings from their own database and to provide access to these castings to their partners and customers, respecting GDPR compliance, in a strictly secured environment. Access to the services of the Platform requires the creation of an account (the "Account") and payment of a subscription.

 

Persons wishing to use and benefit from the services offered on Mediartis must accept the present Terms and Conditions upon creation of their Account. If the present Terms and Conditions are not accepted, use of the platform and services is forbidden.

 

Article 1 : Definitions

 

Every term starting with a capital letter signifies the explanation given in its’ definition, whether singular or plural.

●     Subscription: indicates the subscription to a paid offer for a one year duration

●     Audio Database: the entirety of audio medias or samples

●  Casting : the selection of one or several Contacts and a selection of their Samples used in the context of a project

●    Cloud : secured servers located in France where User data is stored

●  Contact : an actor, voice-actor, singer or and Contact added by a User in his Contact List

●    Account : the space where a User connects to access their Platform interface.

●   Consent: the authorisation, in the sense defined in Article 4 of the General Data Protection Regulation.

●   Personal Data: the personal data of a Contact, in the context of Article 4 of the General Data Protection Regulation, especially the last name, first name, pseudo last name, pseudo first name, telephone, email, address and all audio recordings of their voice.

●   User : a recording studio, producer, casting director, talent agent, artistic director, television media, production company, all professionals that possess audio media databases.

●  Guest : a client, subcontractor, or any other person to whom the User gives access to a Casting project he has organised

●   Contact List: the User’s list of contacts, apt to contain personal data, such as last name, first name, email, telephone number and pseudo last name and pseudo first name.  

●    Casting Page: a page on the Platform that provides Casting details

●   Sample : an audio sample that a Contact participated in and in which their voice is identifiable.

●    Services : the services accessible via the Platform.

●    Site : the website www.mediartis.com

●   Voxing Pro : the website published by Mobilis Pro that permits voice actors to publish their CV and audio samples and provides tools for voice production professionals to search actor profiles on the website and casting tools to organise castings and booking sessions.

 

Article 2 : Creating an Account

 

2.1. Acceptance of the Terms and Conditions

 

The creation of an Account on the Platform is performed by a User, or an official representative of the User, and subject to the terms and conditions outlined in the present Terms and Conditions.

 

For maximal security, the representative of a User accesses the Platform via a one-time-use link received via email and their session duration is valid for one hour by default, which can be extended once connected. All use of an Account is assumed to have been done by the User, or with their authorisation, unless the User is able to show their account was hacked, or accessed without their authorisation.

 

An account cannot be created without accepting these present Terms and Conditions and the Privacy Policy.

 

The representative of the User agrees to furnish accurate information when creating the Account. He can create sub-accounts for his team and collaborators. Unless explicit agreement by Mobilis Pro, the number of sub-accounts is limited to ten. The User can modify company information, contact information, and the list of sub-accounts at any moment when connected to his Account.

 

An Account may not be sold or transferred to another physical person unless specifically and explicitly authorised in writing by Mobilis Pro.

 

2.2. Exactitude of Provided Information

 

Users are advised that Mobilis Pro insists on accurate and exact information provided and recorded in their Mediartis Account. Users agree to provide accurate and precise information. To this end, Mobilis Pro reserves the right to immediately close an Account, without notification, and will not be subject to any claim of being responsible for a situation where an information uploaded or published in a User Account is false or ports prejudice of another person or company.

 

The following activities will be systematically sanctioned, this list is non-exhaustive:

●     Identification theft

●     Wrongful or hurtful utilisation of the Platform and / or Contact addresses

 

2.3. Respect of Third Parties

 

Users agree to not use the Platform and related Services for any other reason than in the context of managing their database and organising castings. Users agree not to publish or partake in activities on the Platform: that are immoral, likely to violate the rights of third parties, pornographic, racist, violent or likely to constitute a defense or question of crimes against humanity.

 

Users also agrees not to publish any Content likely to infringe intellectual property rights such as trademark or industrial rights, copyright, image rights, author rights, intellectual rights, or sui generis database rights on their Profile. Users engage to have obtained authorisation for all Samples included in and added to their database by the owner of the rights. Users accept full responsibility, and understand they are solely responsible for the content stored in their Account.

 

 

Article 3 : Services available on the Platform

 

3.1 Presentation of Services

 

Users access Account Services on the Platform that allow them to store their Contact Lists and Audio Databases on their private Cloud (located in France).

 

By uploading Contact Lists to their Accounts, Users access a Service that processes their Contact data and solicits active consent of Contacts on the User’s behalf so that they may continue storing and using Contact personal data in their Audio Database to use for Castings  - in compliance with the General Data Protection Regulation.

 

Contacts are provided access to the necessary information via the Platform, for a User to obtain collection of Contact Consent, in compliance with the General Data Protection Regulation, in order to continue storing and using the Contacts Personal Data to organise Castings.

 

Every time a new Contact, or Sample that is associated with a new or existing Contact, is added to a User’s Database on Mediartis, the GDPR automated consent process is automatically triggered for each uploaded element unless the User has set processing to manual. Manual mode pauses the automated GDPR processing of a Contact. This mode is sometimes used to request and advise Actors to take action once their Consent emails are received. Contacts cannot be included in Castings organised on Mediartis.com if their Profile is in Manual mode.

 

When uploading Audio Databases, Users have the possibility of knowing if a Contact included in their database is registered on the Voxing Pro Platform. The User will have access to Contact’s published information on Voxing Pro and can integrate this information into their Casting in accordance with the Terms and Conditions of Voxing Pro. For this purpose, Users authorise Mobilis Pro to compare the Contacts of their Database with the list of registered voice actors on the Voxing Pro Platform.

 

Users manage internal and external collaborator and guest access-level-authorisations for Contact Lists, Audio Databases and Castings. Account collaborators also have access to voice Samples that have been uploaded by registered voice Actors on the Voxing Pro Platform.

 

Users can organise Castings with their private search engine that is powered with their Account Audio Database Samples. Castings can be shared with collaborators, even if they are not registered on the Platform, via the Casting Page. This functionality allows Users to invite Guests to listen to Samples presented on Casting Pages, and to provide feedback and Contact preferences directly on the Casting Pages. To protect User data, Samples cannot be downloaded or transferred by Guests.

 

Platform use and access is reserved for Users with paid Subscriptions and subject to  Subscription terms and prices on the website (https://mediartis.com) at the time of inscription. Subscription prices are based on the number of Contacts uploaded to an Account. GDPR data processing only begins once a Subscription payment has been processed and amounts due by User have been paid. Only the maximum number of Contacts a User’s Subscription plan includes will be GDPR processed. If the number of Contacts in a User’s database exceeds the number of Contacts a Subscription covers, Users must upgrade to a different Subscription.

 

Subscriptions are automatically renewed for the duration of one year on the anniversary of a Subscription, unless one of the parties communicates by email they wish to end their Subscription, at least fifteen days before the yearly anniversary date of the original Subscription at invoice@mediartis.com.

 

Subscription Users receive email reminders 30 days before automatic renewal dates on yearly Subscription anniversaries. In the event of a renewal, applicable prices will be the prices in effect at the time of renewal.

 

3.2 Guest Management

 

Users and authorised Account Collaborators can invite Guests to securely access Casting Clouds. Guests can consult, comment and save their comments destined for collaborators on the Casting page. Guests receive secured one-time-use links to access and consult User Casting Pages. Guests cannot modify User Contact or Audio Databases, download or transfer voice Samples presented in Castings.

 

3.3 Contact GDPR Processing

 

Contacts with Samples in the User’s Audio Database receive emails advising them they are on the User’s Contact List. Emails contain links allowing them to access a secured page on Mediartis that contains all of their data being held by the User.

 

The Contact has the possibility of authorising or refusing :

●     The use of of their Personal Data  for organising, during or after Castings;

●     The use of their Samples to organise Castings;

●     The fact that their Personal Data is updated in all the Users databases uploaded to the Platform

 

The Contact also has the possibility of requesting the modification, deletion and the portability of their Personal Data. These requests are made via a communication zone specifically designed for this purpose on the Mediartis page and are automatically sent to the User. Contacts may also send these requests to personaldata@mediartis.com and Mediartis will forward them to the User.

 

Consent collection is managed by an automated process in which an email is sent to the Contact requesting action on their part. In the event of a deletion or modification request, the Platform sends an automated email to the User and proceeds with the deletion or modification processing of the Contacts’ Personal Data within 30 after reception of the request.

 

When a Contact or Sample is uploaded to a Contact List on the Platform, the automated processing begins. In the event a Contact does not respond to the email informing them their Personal Data has been uploaded to the Platform in a User’s Contact List, this triggers a series of reminder emails sent over the following thirty five days. Thirty days after the last email reminder is sent, the Contact and/or Sample(s) not authorised by the Contact is/are deleted from the Users’ Data on Mediartis.

 

Article 4 : Duration

4.1 Voluntary Closing of Account

 

Users can close their Accounts by written notification addressed to Mobilis Pro, 121 rue d’Aguesseau, 92100 Boulogne-Billancourt, France or by email at contact@mobilispro.com. If the User has purchased a Subscription that is still valid, the Subscription must be paid in full.

 

 

4.2 Account Suspension

 

Mobilis Pro reserves the right to, at any moment and without warning, suspend an Account in the event of non-respect of these Terms and Conditions by the User. Especially in the events of non-payment of a Subscription; Casting activities and practices inconsistent with these Terms and Conditions and / or contrary to public policy or morality; or the transfer of Data to non-authorised third parties.

 

4.3 Account Closure for Violation of Mediartis Terms and Conditions

In the event an Account is suspended due to non-respect of terms outlined in Article 4.2 of these Terms and Conditions, or, in the event a User is in breach of any of these Terms and Conditions, and not rectified within (7) days following a formal warning notice sent by email by Mobilis Pro to the email address provided by the User at the time their Account was created, Mobilis Pro reserves the right to close the User’s Account, without legal formalities. Mobilis Pro reserves the right to solicit compensation for all resulting damages and losses incurred.

 

Mobilis Pro reserves the right to proceed ex officio in closure of an Account, without prior notification, in the event of violation of these Terms and Conditions by the User, or in the event of a particular gravity, such as infringement of rights of a third party related to a Sample contained in the User’s Audio Database or any other element in their Account; Identity theft; Falsely attributed credit of Samples; the publication of racist, homophobic, defamatory, or other content likely to endanger the lives of others.

 

The owner of the Account that has been closed will not be authorised to open a new Account on the Platform. The owner of the Account has 30 days to download their data. Mediartis will send a reminder after 23 days to remind the Account owner they have 7 days remaining to download their data.

 

4.4  Account Closure for Insufficient Company Information

Subject to prior notification by email, and without contraindication by the owner of the Account or User, Mobilis Pro reserves the right to close an Account at any moment, in the event any of the information outlined in Article 2.2 has not been provided.

 

4.5 Consequences of Account Closure

 

Account owners wishing to close an Account must save and download their Contact List and Audio Database they have uploaded to the Platform before closing their Account. In no event will Mobilis Pro be held responsible in the event an Account User has not downloaded their data hosted on the Platform during the course of their Subscription. Contact Lists and Audio Databases uploaded to an Account during the course of a Subscription, will be deleted within 30 days. After 23 days, the Account owner will be sent an email reminder that he/she has 7 days to download their Contact and Audio Database. The closing of the Account, for whatever reason, does not open the right to any compensation and carries no entitlement of any kind for the Account owner.

 

 

Article 5 : Guarantee

 

Users guarantee that they hold the intellectual property rights necessary for the reproduction of their Samples within the framework of conducting Castings. As such, the User will indemnify Mobilis Pro, upon request, against any conviction, costs and damages, financial prejudice and/or transactional compensation, and/or resulting legal fees resulting from any action for infringement or liability incurred against him in the context of the conducting Castings, for any such action resulting in an enforceable (definitive or not) of Mobilis Pro, or the conclusion of a transactional agreement, or the payment of fees of any kind.

 

Article 6 : Responsibility

 

Mobilis Pro engages to solicit Users’ Contact Consent for the use their Personal Data and Samples for Castings.

 

Mobilis Pro will not be held responsible in any way for results of Users not respecting the guidelines of the General Data Protection Regulation in the context of their relations with Guests or with their Contacts off the Platform.

 

In no way does the use of the Platform guarantee the User that they have complied in full, or respected the entirety of their General Data Protection Regulation obligations. Users are solely responsible for obtaining legal council in order to ensure their compliance.

 

In no event will Mobilis Pro will be held responsible for any damages suffered by a User or any third party resulting directly or indirectly from Castings done with Contacts and presented to Users Guests. Mobilis Pro refuses all responsibility concerning intellectual rights related to Samples.

 

Furthermore, Mobilis Pro will not be held responsible, to any extent, for non-authorised use or reproduction of any Samples, including the consequences of such use or reproduction by Users or their Guests. Mobilis Pro will not be held responsible for any Service malfunction due to internet network interruptions for any reason, nor for any service outages or malfunctioning of the server(s) used by Mobilis Pro.

 

Every Account User understands and accepts that Mobilis Pro reserves the right to temporarily interrupt access to their Services when the Platform and/or any related server(s) are being updated or require maintenance. In any such event, Mobilis Pro will do everything possible to limit the inconvenience and keep interruption delays at a minimum in order to complete the necessary operations.

 

The responsibility of Mobilis Pro cannot be engaged to any amount greater than the cost of a User’s current Subscription.

 

Mobilis Pro will not be held liable if the execution of their responsibilities is delayed or hindered due to a force majeure, a fortuitous event or a cause beyond their control, for example, but not limited to : natural disasters, wars, earthquakes, fires, explosions, riots, intervention of gouvernmental or military authorities, bad weather, water damage, malfunctioning or interruption of electricity or telecommunications network.

 

 

Article 7 : Personal Data

 

As part of its activity and proposed Services, Mobilis Pro collects Personal Data. Mobilis Pro primarily collects the Contact details of the User representatives.

 

Contact Lists and Audio Databases uploaded to the Mediartis Platform are processed by Mobilis Pro in the context of a subcontractor, as described by Article 4 of the General Data Protection Regulation. The processing of these data is necessary in order to provide the Services detailed in these Terms and Conditions.

 

The data are saved for the duration of a User’s Subscription. If a User terminates their Subscription, their Contact List and Audio Database will be immediately deleted. For information, the email address of the Account User may be conserved in the Mediartis newsletter diffusion list, until the User unsubscribes from the newsletter list. Every person concerned  has a right to access, to request modifications, corrections, deleting, and, if so desired, portability of personal data concerning them, in compliance with the French law relating to Information Technology, Data Processing, Data Files and Individual Liberty of January 6, 1978 in its current version in effect, and compliant to the General Data Protection Regulation.

 

The right to access, to modify, to correct, and to delete, described in the previous paragraph, can be exercised directly with Mediartis customer support at personaldata@mediartis.com. Mobilis Pro has nominated VIRTUAL DPO  as their external Data Protection Officer.

 

For questions concerning GDPR compliance practices of Mobilis Pro, please visit www.virtual-dpo.fr and/or contact them directly at https://mondelegueauxdonnees.fr/contactez-nous/.

 

When a Contact requests access, modifications, corrections, deletions or to exercise their portability rights, Mobilis Pro forwards requests to Users. Validation of personal data by a Contact is automatically processed and updates Account User Contact Lists and Audio Databases on the Mediartis Platform. Deletions or corrections requested by Contacts are processed directly by Account Users in their Contact Lists and/or Audio Databases on the Platform in addition to any databases and/or supports not hosted on the Platform.

 

Users expressly acknowledge that when they have shared data with another application or a third party server, Mobilis Pro is not responsible for the GDPR compliance on these applications or servers.

 

Mobilis Pro undertakes to inform Users, Contacts and Guests as soon as possible if we are informed of a violation of Personal Data, as this violation may have consequences on the privacy or freedom of these people.

 

In the event one encounters difficulty related to the management of their Personal Data, the data subject has the right to lodge a complaint with the CNIL or with any competent supervisory authority.

 

Cookies may be automatically installed on browser software when accessing the Platform. A cookie is an element that does not identify the visitor but is used to record information about their navigation. The browser settings may be set to refuse cookies in accordance to the procedure described in the « Internet Option » tab of a browser. The removal of cookies is likely to deteriorate the quality of provided services and the users experience of the website and Platform.

 

Article 8 : Communication

 

The User expressly authorises Mobilis Pro to use his/her name, photograph, name, and brand or logo, and may be mentioned as a Mobilis Pro client in Mobilis Pro and/or Mediartis marketing and communications activities of any nature. As such, the User agrees to appear on the page « Hall of Fame » highlighting a list of Users acting in compliance with the GDPR via the Mediartis Platform. The name of the User may also be disseminated via social networks.

 

Mobilis Pro will cease marketing and communications activities that cite the User upon request of the User. The User agrees not to request cessation of these activities without a valid reason and/or in a derogatory manner via marketing and/or communications.

 

Article 9 : Various

 

In the event one of the stipulations of the present Terms and Conditions is nullified, the content of the new disposition will be as similar as possible to the canceled stipulation, provided that the new disposition is balanced and does not harm or infringe on the rights of the User or Contacts added by the User to their Account.  

 

The headings of the Articles of these Terms and Conditions appear only for convenience and in no way affect the meaning of the provisions to which they refer.

 

No sign of tolerance by Mobilis Pro, even if repeated, will constitute a waiver to any of the provisions detailed in these Terms and Conditions.

 

The Terms and Conditions can be modified at any time by Mobilis Pro. In the event of modifications, the applicable Terms and Conditions are those in effect on the date of use of the Platform.

 

Any modification will be communicated to the User within a reasonable amount of time before it takes effect. In the event a User refuses to accept the new Terms and Conditions, they have the option of terminating their Account within one month from the date of notification of the modification of these Terms and Conditions. No special conditions may prevail over these Terms and Conditions, with the exception of express written consent on behalf of Mobilis Pro.

 

These Terms and Conditions are governed by French law with regards the rules of both form and substance. The text of the French version of these Terms and Conditions shall govern in the event of any dispute, regardless of its nature, that directly or indirectly relates, without this list being exhaustive, to the validity, interpretation, execution or non-execution of these Terms and Conditions. Any claims or issues concerning the validity, interpretation or performance of these Terms and Conditions shall be referred exclusively to the French Courts in the region of the registered office of Mobilis Pro (Paris, France).

 

LEGAL MENTIONS

 

The Mediartis.com website is published by Mobilis Pro, a simplified joint-stock company with capital of 930 681,20 €, whose headquarters are located at 121 rue d’Aguesseau 92100 Boulogne Billancourt,France, registered with the RCS of  Nanterre under the n° 803 940 642.

Contact : contact@mobilispro.com

N° TVA : FR67803940642

Responsible for the Terms and Conditions : Mme Cécile LIMAL

Host: Clever Cloud, 11 Rue Pierre Landais, 44200 Nantes, FRANCE